1170-S AMC CONF S4520.3
SHB 1170 - CONF REPT
By Conference Committee
HOUSE ADOPTED 04/27/2019; SENATE ADOPTED 04/27/2019
Strike everything after the enacting clause and insert the following:
Sec. 1. "RCW 43.43.960 and 2015 c 181 s 2 are each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this subchapter.
(1) "All risk resources" means those resources regularly provided by fire departments, fire districts, and regional fire protection service authorities required to respond to natural or man-made incidents, including but not limited to:
(a) Wild land fires;
(b) Landslides;
(c) Earthquakes;
(d) Floods; and
(e) Contagious diseases.
(2) "Chief" means the chief of the Washington state patrol.
(3) "Fire chief" includes the chief officer of a statutorily authorized fire agency, or the fire chief's authorized representative. Also included are the department of natural resources fire control chief, and the department of natural resources regional managers.
(4) "Jurisdiction" means state, county, city, fire district, regional fire protection service authority, or port district units, or other units covered by this chapter.
(5) "Mobilization" means that all risk resources regularly provided by fire departments, fire districts, and regional fire protection service authorities beyond those available through existing agreements will be requested and, when available, sent in response to an emergency or disaster situation that has exceeded the capabilities of available local resources. During a large scale emergency, mobilization includes the redistribution of regional or statewide risk resources to either direct emergency incident assignments or to assignment in communities where resources are needed. ((Fire department))All risk resources may not be mobilized to assist law enforcement with police activities during a civil protest or demonstration, or other exercise by the people of their constitutionally protected First Amendment rights, or other protected concerted activity, however, fire departments, fire districts, and regional fire protection service authorities are not restricted from providing medical care or aid and firefighting when mobilized for any purpose.
When mobilization is declared and authorized as provided in this chapter, all risk resources regularly provided by fire departments, fire districts, and regional fire protection service authorities including those of the host fire protection authorities, i.e. incident jurisdiction, shall be deemed as mobilized under this chapter, including those that responded earlier under existing mutual aid or other agreement. All nonhost fire protection authorities providing resources in response to a mobilization declaration shall be eligible for expense reimbursement as provided by this chapter from the time of the mobilization declaration.
This chapter shall not reduce or suspend the authority or responsibility of the department of natural resources under chapter 76.04 RCW.
(6) "Mutual aid" means emergency interagency assistance provided without compensation under an agreement between jurisdictions under chapter 39.34 RCW.
(7) "State fire marshal" means the director of fire protection in the Washington state patrol.
Sec. 2. 2015 c 181 s 5 (uncodified) is repealed.
NEW SECTION.  Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2019."
SHB 1170 - CONF REPT
By Conference Committee
HOUSE ADOPTED 04/27/2019; SENATE ADOPTED 04/27/2019
On page 1, line 1 of the title, after "to" strike the remainder of the title and insert "fire service mobilization; reenacting and amending RCW 43.43.960; repealing 2015 c 181 s 5 (uncodified); providing an effective date; and declaring an emergency."
EFFECT: Makes changes to the title of the bill.
Restricts all risk resources from being mobilized to assist law enforcement with police activities during a civil protest or demonstration, or other exercise by the people of their constitutionally protected First Amendment rights, or other protected concerted activity.
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